Loading...
09/04/2012 04E Web Hosted Program Registration Services Agreement with Sportsites, Inc. for Parks and Recreation Online Services • "7 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. -/ For Meeting of: September 4, 2012 ITEM TITLE: Resolution authorizing an Agreement with Sportsites, Inc. for Web Hosted Program Registration Services for Yakima Parks and Recreation SUBMITTED BY: Chris Waarvick, Director of Public Works Ken Wilkinson, Parks and Recreation Manager CONTACT Ken Wilkinson, Parks and Recreation Manager, 575 -6020 PERSON /TELEPHONE: SUMMARY EXPLANATION: Individuals and organizations currently deal in- person or over the phone with the City of Yakima Parks & Recreation Division to pay for services such as facility reservations and scheduling, park usage fees for tournaments, field preparation fees, and community recreation fees for programmed recreation activities. A software program has been evaluated and is available to interface with the City's accounting system, providing an option for people to register online for park programs and park facility reservations. Attached is an agreement between the City of Yakima and Sportsites, Inc. for online registration and management services, providing technical support, hardware server maintenance and weekly remittance of funds for facility use and program registration fees. In essence, a portion of the registration fee will pay for the hosted site to perform transactions via Internet. The total fee transaction dollar amount for this agreement is up to $5,000 per year. Program fee revenues offset this expenditure. Resolution X Ordinance Other (specify) Contract: X Mail to: Contract Term: Amount: Expiration Date: Insurance Required? No Funding A small portion of the online registration Source: fee will fund the service cost. Phone: APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: • Staff respectfully requests the City Council to adopt the Resolution authorizing and directing the City Manager to execute an agreement with Sportsites, Inc. to provide Web Hosted Program Registration Services for City of Yakima Parks and Recreation programs and ' activities. BOARD /COMMISSION RECOMMENDATION: ATTACHMENTS: Click to download ❑ Resolution ❑ Agreement • RESOLUTION NO. R -2012- A RESOLUTION .authorizing the City Manager of the City of Yakima to execute an agreement between the City of Yakima and Sportsites Inc., to provide Web Hosted Program Registration Services for City of Yakima Parks and Recreation programs and activities. WHEREAS, the City of Yakima provides recreation activity programs for the community and upgrading office technology facilitates new methods to provide recreation program services; and WHEREAS, the City of Yakima does not have the staffing levels necessary to provide such support services; and WHEREAS, Sportsites, Inc. has developed online automated recreation management tools and has the experience and expertise necessary to provide and agrees to perform these services for the City under the terms and conditions set forth in the attached agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to enter into the attached agreement with Sportsites, Inc., now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated Customer Agreement between the City of Yakima Parks and Recreation and Sportsites Inc. for the purpose of providing Web Hosted Program Registration and Management Services for City of Yakima Parks and Recreation facilities and programs. ADOPTED BY THE CITY COUNCIL this day of September, 2012. Micah Cawley, Mayor ATTEST: Sonya Claar -Tee, City Clerk • Customer Agreement City of Yakima Parks and Recreation This Agreement ( "Agreement ") is entered and effective this day of September, 2012 by and between Sportsites, Inc., a Utah corporation with principal offices located at 762 South 1500 East, Pleasant Grove, Utah 84062 ( "Sportsites" or "Company ") and the City of Yakima, a municipal corporation with City Hall located at 129 North Second Street, Yakima, Washington 98901 (the "City "). The City operates the City of Yakima Parks and Recreation Division, with principal offices located at 2301 Fruitvale Boulevard, Yakima, Washington 98902 ( "Yakima Parks and Recreation "). WITNESSETH: WHEREAS, Sportsites has developed a suite of online automated recreation management tools and desires to provide its software and services to the City for the benefit of Yakima Parks and Recreation; and WHEREAS, Yakima Parks and Recreation provides residents of the City and surrounding region with educational classes, recreational opportunities and the use of recreational facilities and resources and could greatly benefit from the online registration and automated administration services that Sportsites can provide; NOW THEREFORE, for good and valuable consideration provided herein and below, the parties agree as follows: 1.0 Compensation. Sportsites will remit to the City all electronically received registration gross receipts less $3.00 per individual registration, $3.00 per team registration, and $3.00 per facility reservation and credit card discount of 3.5 %, as compensation for use of its "City Tools" online software. All above fees will be programmed as additional "convenience fees" payable in addition to Yakima's listed program fee. Sportsites will cap fees collected at $5,000.00 per year. All fees above $5,000.00 per calendar year will also be remitted to the City weekly. 1.0.1 Refunds: Any refund that is the result of a Sportsites related error will be handled with no charge. All other Credit Card refunds issued through the Sportsites software are subject to a 3.5% discount to off set merchant transaction fees charged to Sportsites at time of initial transaction. 2.0 Sportsites Duties. In order to provide a successful product experience, Sportsites agrees that as part of the above listed compensation, it will perform the following duties to the City's satisfaction: 2.0.1 Support: Sportsites will provide any and all necessary training and technical support of its online software. 2.0.2 Server Maintenance: Sportsites will acquire and maintain the hardware servers necessary to run all of Yakima Parks and Recreation's programs. These servers will be located off site and shall be backed up every 15 minutes to prevent data loss. 1 2.0.3 Remittance of Funds — Reports. Sportsites shall remit all funds collected less Sportsites fee on a weekly basis. Such remittance will occur no later than each Tuesday by way of electronic funds transfer directly to City's designated bank account. Should Tuesday fall on a banking holiday, funds shall be remitted on the next business day in which banks are open for business. Funds remitted each week will be for the full week (Monday — Sunday) commencing two weeks prior. Sportsites shall provide a reconciliation of transferred funds with each remittance. In addition to the weekly remittance of funds and reconciliation of transferred funds described above, Sportsites will provide a report accompanying such remittance containing any supporting information deemed necessary or appropriate by City to efficiently manage its programs and /or produce reports concerning its operations. 2.0.4 E- Commerce. In the future, Sportsites intends to add Advertising, E- commerce, and Photography options for City's customers. City will control the content of, and share in the revenue generated from any such sales. A separate addendum agreed upon by both parties will be added to this agreement before any such activity is initiated. 2.0.5 General Conduct. Sportsites will at all times conduct its business in a manner as will reflect favorably on the City and Yakima Parks and Recreation. Sportsites will not engage in any deceptive, misleading, illegal, or unethical business practice. 2.0.6 Privacy. The parties recognize that citizens who use the service have a reasonable expectation of privacy for personal information provided including name, address and phone numbers. Subject to applicable law and provisions of the Public Records Act, Chapter 42.56 RCW, and in accordance with Title 63G Chapter 2, Government Records Access and Management Act personal information provided constitutes records subject to protection. The contractor will ensure that protected records: a. will only be used for the performance of the contract with City; b. will not be disclosed to any other third person except as otherwise required by law; 2.0.7 Access to Records and Audit. City and its designated officials and agents shall have access to Sportsites' records of transactions under this Agreement for the purpose of inspection and performance of any audit deemed necessary or appropriate by City. City and Sportsites shall cooperate to designate mutually convenient times and places for inspection of such records and /or audits. In the event the parties cannot agree as to mutually convenient times and places for inspection of such records and /or audits, City shall deliver at least ten (10) days' advance written notice to Sportsite designating the time and place Sportsite shall make all records available to City for inspection and /or audit. Notwithstanding the provisions of Section 2.0.6 above, City shall be 2 • entitled to inspect and make unredacted copies of all documents and accounts pertaining to Sportsite's performance of this Agreement. 3.0 Termination. 3.1 Unilateral Termination. City may terminate this agreement at any time without cause upon 3 days written notice. Sportsites may also terminate this agreement anytime without cause upon 90 days written notice. 3.2 Termination for Default. Any material breach of this Agreement by either party shall constitute a default if not cured within twenty (20) days after written notice of such breach is given. Upon default by either party, -the other party may terminate this Agreement immediately on written notice. 3.3 Effect of Termination. Upon termination, neither party shall have any further rights against the other except for money earned for services performed prior to the effective date of termination. 4.0 Limitation of Liability. 4.1 Limitation of Liability. Any provision contained herein to the contrary notwithstanding, in no event shall Sportsites be liable for indirect, incidental or consequential damages under this agreement and in no event shall the liability of Sportsites arising in connection with any its services (whether such liability arises from a claim based on contract, warranty, tort, or otherwise) exceed the actual amount paid by City to Sportsites for such services. 4.2 Hold Harmless and Indemnification. Sportsites agrees to defend, indemnify and hold harmless the City, Yakima Parks and Recreation, and City's elected officials, appointed officials, employees, volunteers, insurers and agents from any and all claims, judgments, liabilities, suits and demands, of whatever nature, claimed, prosecuted or alleged by any third party or parties, arising out of Sportsites' negligence in the performance of, or breach, of this Agreement. 5.0 Miscellaneous 5.1 Enforcement of Terms. Failure by either party to this Agreement at any time or from time to time to enforce any of the provision of this Agreement shall not be construed to be a waiver of such provision or of such party's right to thereafter enforce each and every provision hereof. 5.2 Governing Law - Venue. This Agreement shall be governed in all respects, except its provisions for conflicts of laws, by the laws of the State of Washington. Venue for any action arising hereunder shall lie in Yakima County, State of Washington. In the event of any dispute hereunder, the Parties agree to resolve the same through arbitration conducted by a single arbitrator under the commercial arbitration rules of Washington. 3 5.3 Entire Agreement. This Agreement supercedes and cancels all prior • 9 P agreements, if any, between the parties and shall not be amended, altered, or changed except by a written agreement signed by both parties. 5.4 Titles and Subtitles. The titles and subtitles used in this Agreement are for convenience only and are not a part of this Agreement and do not in any way limit or amplify the terms and provisions of this Agreement. 5.5 Notices. All notices and other communications hereunder shall be in writing and shall be mailed by registered or certified mail, postage prepaid, to the parties hereto at their respective addresses specified herein, subject to the right of either party to change its address by written notice. 5.6 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. SPORTSITES CITY OF YAKIMA By: By: Eric Haas — Vice President Tony O'Rourke, City Manager ATTEST: By: City Clerk City Contract Number: Resolution No. 4